Shaw, In the matter of an application for leave to issue or file [2019] HCATrans 239 (4 December 2019)

Last Updated: 5 December 2019

[2019] HCATrans 239

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Melbourne No M99 of 2019

In the matter of -

an application by BRIAN WILLIAM SHAW for leave to issue or file

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 4 DECEMBER 2019, AT 9.32 AM

Copyright in the High Court of Australia
HIS HONOUR: On 31 July 2019, the applicant filed an application for leave to issue or file a writ of summons in this Court seeking a wide variety of relief. For the reasons that I now publish I would dismiss the application.

The order is:

1. The application is dismissed under r 13.03.1 of the High Court Rules 2004 (Cth).

I publish that order.

I direct that the reasons as published be incorporated into the transcript.

In 2017, the applicant sought to have issued or to file in this Court a document containing a writ and a statement of claim. On 28 November 2017, Gageler J directed the Registrar of this Court to refuse to issue or file the document without the leave of a Justice first had and obtained by the applicant. Nearly two years later, the applicant now seeks that leave. The consequences of the lengthy delay can be put to one side for present purposes. Leave should be refused because the application does not disclose an arguable basis for any of the relief sought.

The statement of claim seeks a wide variety of relief in this Court. The primary relief sought is orders that: (i) a petition be filed in this Court to have “the entire election of the most recent Commonwealth election declared invalid”; (ii) “all criminal issues discovered in this legislation ... be remitted to the Full Court [of the] Supreme Court of the State of Victoria for Grand Jury indictments based on lack of jurisdiction for indictments, under Section 42(2) [of the] Judiciary Act 1903 and the High Court of Australia Act 1979, ‘Transfer of Proceedings’, in addition to Common Law rights”; (iii) “this Originating Application sit sine die until the criminal issues are discovered and ruled upon by jury; that is Grand Jury indictment followed by a State Trial, indictment obtainable by both Statute Law and Common Law”; and (iv) “[t]he Court submit this originating application Statement of Claim to both Houses of the Commonwealth Parliament in accordance with Section 47 of the Commonwealth Constitution Act 1900”. The applicant also seeks alternative relief, and relief described as “[i]n addition”, which includes the suspension of the following: all Justices of the High Court of Australia, all staff of the Melbourne Registry of the High Court of Australia, all State Governors, and all current Attorneys‑General.

The writ and statement of claim which the applicant seeks to file are accompanied by a lengthy affidavit in support with 109 exhibits. I have read all of that material. There is no arguable basis in any of it for any of the relief sought. The application for leave to issue or file should be dismissed without an oral hearing pursuant to r 13.03.1 of the High Court Rules 2004 (Cth).

Adjourn the Court.

AT 9.33 AM THE MATTER WAS CONCLUDED